scare the animal away. >> hey, bear. >> next. t surgery. and these are developing groundbreaking treatments for cancer. they're the hands of the nation's top doctors. kaiser permanente doctors. and though they are all different, they work together on a single mission: saving lives. discover how we are advancing medicine at kp.org join us, and thrive.

. this is kpix 5 news. a bay area grocery store manager was just doing his job when someone came up and attacked him. good evening, i'm elizabeth cook sgli eem ken bastida. that manager was sucker punched right there in the aisle. juliette goodrich is there. she's got the latest. >> that safeway store manager is in the icu tonight. his friends say his head injury is so bad, he doesn't recognize his wife. >> san leandro police want everyone to take a close look at this guy. police say monday around 11:00 a.m., the suspect approached the store manager. words were exchanged and then the suspect violently punched the man. the store manager fell to the

ground. the attacker took off. long-time safeway customers know the manager as mo, and tonight, mo's friend tells kpix 5, he has serious head injure ris. >> that really hurts me a lot. especially the coworkers. he's just trying to do his best to keep the store safe, which, you know, things happen. >> police are hoping someone will see this surveillance video and help identify the attacker. >> really not much to go on at this point. he was in the store a little bit prior to so we don't know what his intent was there and, again, the exchange between he and the manager was extremely brief like you see on the video then it was really one strike, and he was out the door. >> employees say mo is a great boss and great friend. >> i know the managers about three years now. he's nice. he trys to protect the store. this isn't the first time the safeway got ripped off. >> that safeway manager called mo is at'den valley medical center tonight in critical condition, his wife by his side.

police are asking anyone with information to come forward immediately. in san leandro, juliette goodrich, kpix 5. you hear loud noises near your home. you go outside and check it out, right? a dad in mrez santon did just thats and now hanging on for his life. probably coming from a group out of teenagers. emergency crews showed up to find lamont lying in front of his home unconscious with his wife at his side. he's now in a coma. >> i was very shocked because this is a quiet town. this is something that you would not expect from anywhere really in the valley from san ramon, dub lib, danville to pleasanton. it's not something you would expect. it's very sad and kind of a crazy idea to think that kids would disrespect an adult and then eventually beat him up to a point of putting him in the hospital. >> police are questioning students from nearby high

schools calling them persons of interest. no one has been arrested yet. word tonight is the feds think asiana airlines may have broken american law by not doing enough to help the families of the passengers on board the plane that crashed at sfo. these were the charred remains in july. tonight the ap is reporting the ntsb is investigating whether asiana had an adequate family assistance plan that included offering loved ones a toll free number to get information as well as transportation and a place to stay. this is the first investigation of its kind, and asiana isn't commenting. tomorrow we'll know if the weather cooperates if oracle team usa can pull off one of the greatest comebacks ever in sports history. >> as they come to the line, the comeback is complete. >> yeah. even the announcers today sounded a bit surprised by oracle's latest win on the bay. the reyes is now all tied.

joe is standing outside right now. who would have thought that it would come down to this, huh. >> ken, barely anyone thought it would come down to this. maybe oracle team usa and their die-hard fans have been coming down to the waterfront to watch these races. >> the competition began with a bang. it's not exactly nascar but this slight fender bender at the start of the first race slowed team new zealand down so much they never recovered. oracle team usa took two victory laps today. >> are you kidding me. >> at the kiwi bar at peer 29 instead of crying in their beer they claim they've got the americans right where they want them. >> you were bored. >> yeah. we just thought weed play with you guys for awhile, and we were just like get you all xietd and build up the interest in this cup, and tomorrow we're going to smoke you one and a half

kilometers lead. >> but if they are going to come back, they might need a little help from their fans. >> what do they need? maybe the war dance. >> that would be awesome. >> well, actually it turns out that tried that earlier today. i guess it didn't work. >> we are all even. >> it's awfully suspicious. >> actually comeback, whether it's just good luck, whatever it is, it's been phenomenal. >> believe what you want to believe, but right now it's going to be the most amazing comeback in history. >> if today was any indication, you can expect there's going to be a lot of people rushing down to the embarcadero from here all the way around to field to watch that last race, and we may finally get those huge crowds the organizers have been promising for years.

reporting live in the embarcadero, joe vazquez. >> a lot of people skipped work today even the oracle ceo larry ellison to come watch the races. he was supposed to give the keynote address, but here he is on his yacht instead. the final deciding race is set for tomorrow as joe says. 1. 15, again, if weather cooperates. san francisco police need your help niebding a guy who killed the man on muni. the 20-year-old man was shot to death just before 10:00 last night as he got off an muni metro car in ran doll f and bright streets in eng l side. take a close look at the suspect. he's asian between 20 and 30 years old with a stocky build. he was wearing a black baseball hat, white hooded jack sxet blue jeans before he got away. police say the attack apierce to be random and unprovoked. also tonight iran says it's

ready to talk about its nuclear program. president obama and ie rainian president both addressed the assembly today but did not meet in person face to face. in his speech, he spoke out in support of the syrian government, reiterated i ran's desire to have nufk lar power and said nuclear weapons have no place in i ran's defense plans. the two presidents could meet tomorrow. according to cbs news poll out tonight, 40% of americans disapprove of the way president obama is handling relations with iran. >> at the expense of the middle class. >> here's a live look at the senate floor where republican senator ted cruz is trying to out filibuster some of his political pierce. he's been talking almost 12 hours all in what what everyone know social security an attempt

to stop obama care. his kids were watching him. >> it was very cool when he can make them do a flip high in the air and catch them. i'll credit my father. he invented green eggs and ham. do you like green eggs and ham? i do not like them sam i am, i do not like green eggs and ham. >> eight white castle restaurants a year. i like their little burgers. >> the federal government will run out of money to pay its bills next tuesday, october 1st. that's also the day the affordable care act goes into effect. tonight we spotted video on you tube of a bay area guy coming face to face with a bear in the sierra. wait till you see how he handled it, and only on 5 you'll hear the story he told christin ayers. >> hey, bear! we're here. you want to turn back. >> the bear was just coming up the trail, and so i was just kind of like, you can't -- we're

going to have to figure this out because there's nowhere for him to go, nowhere for know go. >> a close call with a black bear in the sierra captured on a camera phone. >> weir here. you can go around. >> kevin burton ceo was hike solo through king's canyon two weeks ago. lucky for him, this was not his first meet wg a bear. >> i've had about a dozen encounters with bear. >> it's a good thing. burton new exactly what to do. >> with a black bear, you kind of want to actually intimidate them. >> so burton announced himself. he also knew to make himself appear bigger than he is. his assertiveness paid off. black bears are known for being timid, and this one shied away, making his way around burton. >> the great thing about going in the wilderness are those moments. >> hey, bear! we're here. you want to turn back. >> this moment, one he won't soon forget.

christin ayers, kpix 5. >> of course, that was a run of the mill california black bear. now, of course, if confronted with a grizzly bear, you basically want to do the opposite of what that guy did. play dead. >> okay. a bay area prosports team -- i got the chills -- comes face to face with a military tank. why it crashed through practice. you want to know when the next big earthquake will hit, the early warning system coming to california. think your boss is up to no good? how you can make money by turning them in. clear skies tonight but getting windy out there. coming up in weather, find out what that wind is going to do to our fire danger and also what it's going to do to our temperature. 7-day forecast coming up in 7 minutes.

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at kaiser permanente we've reduced serious heart attacks by 62%, which makes days with grandpa jack 100% more possible. join us at kp.org and thrive. just feet away from him. . a close call for a player on the earthquake soccer team this afternoon. a crash -- a tank crashed just feet away from him. yeah. a real military tank. our kiet do at the scene. kiet, how is this even possible.

>> yeah. hi there, liz. a big mess out here in san jose, as you can see. chunks of concrete pretty much everywhere out here. all right. so how did this happen? easy. the tanks go right here, and the soccer field is right here. pretty crazy and loud experience. >> a bradley fighting vehicle just like this one was rounding the corner of the test track when it lost control and broke the concrete barrier like it was styrofoam. >> like a crunch or crash. >> pretty much a loud bang. >> san jose earthquake's president dave was at the team's practice field when the tank crashed about 10 feet away from goalie john bush. >> luckily there was a barricade and fence in between, and luckily there was, like, an awning so you couldn't really see through. i think if you could have seen it, it probably would have been more frightening. >> bae system has been testing tanks at san jose facility for years.

the bae track butts right up against the team property. an employee told the mercury news the tank was not going above the track speed limit. >> they said different tank tracks that they have in the tank weren't well sutd for the -- i guess, the speed so it went around the bend and just crashed straight into it. >> no one was injured. the tank didn't even look like tad scratch. in san jose, kiet do, kpix 5. >> bae told the team it will look into changing the orientation of the track or to try to prevent future tank crashes. have you ever suspected that your boss is up to something shady? well, allen martin shows us how you can get paid for spilling the baens on pirated software. >> in the old days, spoth pirates used to be easy, but not anymore. >> worldwide we're looking at a 42% piely sa rate which equates to $63.4 billion a year commercial loss. >> demonstrating a commitment --. >> peter heads up enforcement

for the business software alliance. it's an industry group that hunts down software pirates on behalf of more than 80 companies, including apple, adobe and microsoft. >> bsa receives about 2500 tips a year. >> he says napping pirates depends on those tips from inform mants like chuck cost. >> having the programming software we use literally said you're on day 245 of a 30-day trial. >> cost is a computer science teacher who says he got frustrated when his district wouldn't stop using pirates software. >> let us ask questions. you know, you're telling us to legally download our music, but we're using software here that expired three years ago. >> so he filed a report through the bsa's inform mant web site, no piracy.org. >> you had to be concerned about your job or some sort of retaliation maybe. >> it crossed your mind but really no. it was very confidential. >> he can't mean the school district he ratted on. that, too, is confidential.

turns out businesses that are caught can pay extra to keep the settlement confidential. we know of at least one bay area company busted last year. it was here at this office park in pleasanton. it was called litigation solution an online legal firm that has since closed down. the owner told us he paid the fine but didn't have what he calls the hush money. punishment is harsh. >> the tine can be up to $150,000 for each infringed title. if the matter is pursued criminally, the niens jump up to $250,000 with the possibility of five years in jail. >> in pleasanton, allen martin, kpix 5. >> some of the money from fine social -- fines is used to pay the rewards but only about half of tip sters actually ask for it. a bay area woman could become a saint. kora e vans lived in boulder creek and died back in 1957. once upon a time, evans was a

mormon but converted to catholicism. she was a mystic. now, in order to be the vatican would need to find evidence of two miracles. there are some 10,000 saints but none from california. a couple of people standing down by the marina green going i saw a miracle. >> kidding. >> i saw a boat go by that had oracle written on it that a week ago had no chance of being here today. 8 to 10. now, it's 8-8. >> wind is going to increase but uong weir going to hit that threshold where it's too much wind. all of you want to come into the city tomorrow, swert going to be okay for it all be it a bit breezy. we have ourselves mainly clear skies with a beautiful moonlit night we are having. oakland touched down the bay bridge. no low cloud cover to speak of. chilly night, though. we're going to lose that heat pretty quickly. napa down to 50. fairfield 52. oakland 57. redwood city 54. sunrise one minute after 7:00.

mentioned earlier the wind is picking up. higher elevations really going to pick up late tomorrow. that will increase the fire danger. then we're going to get warmer. that's going to drop the humidity level. that will also increase the fire danger. fire weather watch has been issued for all higher elevations all throughout the bay area from tomorrow night until friday morning so fire danger on the increase but temperatures aren't, at least not yet. menlo park tomorrow sunny but cooler. high not even hitting 70 degrees. talk about what's going on because we have the on shore flow. it's strong. it will be stronger for you tomorrow. that's why temperatures are going to be dropping. low pressure passing by to the north. lots of rain fall for the northwest. we don't get the rain this time unlike saturday but will get the on shore flow temperatures down despite the fact you'll get sunshine all day long. then that low does nothing more than move. we're get ago north wind. that will get us sunny. that's going to get us warm because it's offshore wind. also going to get us quite try. relative humidity going to go way down. that's why the fire danger for

all of us will be high. wind increasing tomorrow but not above that threshold. offshore wind by friday. humidity goes down. what a weekend if you like the warm stuff. 80s perhaps oeven in the city but definitely all throughout the bay area on saturday and sunday. livermore tomorrow 11 glooe degrees below average. san jose also 11 greece below arch. high of 70. palo alto 68. hayward 76. low 70s for pittsburgh, concord, san ramon and dublin. in the city tomorrow 66 dprees increasing winds. san rafael your high 72 degrees. here is your extended forecast warming up a bit on thursday. look at saturday and sunday. 80 near the bay. mid 80s inland with sunshine even at the beach with highs in the low 70s. that is your forecast. there's the moon. we'll be right back. ,,,,,,,,,,

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hi. coast. ide an tfrnlts earthquake that hit pakistan today was so powerful it actually created a small island off the coast this is video from inside an office building. 7.8 magnitude quake hit. you can see everything just start shake.

there's computers rattling around. latest word out of pakistan tonight is that the death toll has now run to at least 182. we could know if we're about to have an earthquake right here. >> yeah. that is if the state can find the money to pay for it. the governor signed the bill to expand california's earthquake warning system. it uses sen source throughout the state to provide up to 60 seconds advanced warning for an earthquake. the office of emergency service has until january of 2016 to develop the system and find the money. it's expected to cost $80 million. well, those people running out reminds me of shaquille o'neal concert. you're not going to believe what i have. tries to sing again. i' got the proof. and giants, listen, brian wilson to pitch. the answer is next. ,,,,,,,,,,,,,,,,,,,,

than they do on the road..'s . swinging a's. we love them. >> they're great. >> are we going all the way. >> absolutely. >> maybe if they get home cook. >> okay. >> that is going to be critical for the a's. they won 16 more wins at home

than they have on the road. that's why getting home field advantage throughout the playoffs is going to be critical. bob's team trying to catch the red sox. a. j. griffin continued to give up the long ball, this one to howie kendrick. of the 36 long balls, 25 have been solo shots. i'm finding the sill veer lieng. the a's scored 45 runs in the past four games. not tonight. the angels the a's five to nothing but the red sox also lost, silver lining, which mean, the a's remain one game back of boston for home field advantage in the playoffs. there are five games left in the season. >> i do wish we could chat longer, but i'm having an old friend for dinner. >> yes. the giants were hosting brian wilson, but the dodgers, the one after matt hit a go-ahead home run in the fifth. wilson struck out blanco and juan perez with a 95 mile an hour hereto. dodgers win it 2 to 1.

l. a. got for a million dollars. i'll tell you, that's looking like a steal. 49ers get on a plane tomorrow. they fly to st. louis for their thursday night game against the rams who did not lose to san francisco last year despite their recent success, rams head coach jeff fisher claims rivalry is not back yet. >> we've been on the losing end of a lot of games. this organization has. last year we got -- we got our feet back on the map, but uong there's a rivalry yet. i mean, we're -- it's a division opponent, a big challenge for us on a short week, but i don't necessarily see there's a rivalry yet. hope it will become one. shaquil le o' kneel used to call the sacramento kings the sacramento queens. now, that he's part owner he's singing a new tune. here's the top five. >> what a beautiful plaaaaaaaaace. >> pretty cheesy, but not as cheesy as this guy who ate

cheese off a treadmill. no. 4. >> earlier this season, jason became the oldest player to hit a walk-off home run. tonight he hit it again. he is 42 years old. >> so do i. >> korean baseball player choy thought it was a home run. watch what he did with his bat. that's gone. the mile foul. cardinals pitcher michael out away from a no hitter, but look. look, ken. look, look. he needs this for a no hitter. oh, not in time. >> never fails. >> couldn't make the play, and the cardinals win the game with another no hitter lost with two outs in the 9th inning. what do we have here. >> so giants pitcher sergio romo has a new ice cream flavor that just came out. he teamed up with -- with three twins. they dropped some off for us to

try. it's called mexican chocolate. they say it only tastes illegal. >> oh, all right. i'll do the taste first here. >> you first. >> midnight snack. >> you know what, that's as cold as the giants hitting right now. >> excellent. ,, . who's delaying thousands of calls for help? wednesday at 11:00 on kpix 5. for a store near you go to benjaminmoore.com/bayarea. it would run on the most affordable energy source available. it would charge overnight. every morning, you'd wake up with a full tank, ready to go. if the car was invented today, it would be the 100% electric nissan leaf. with over 200 million gas-free miles driven and automatic hov lane access, the question isn't "why electric?" it's "why gas?" [ male announcer ] the 100% electric nissan leaf.

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. letterman is next with cher. >> with who. >> cher. ( band playing "late show" theme ) >> from the heart of broadway, broadcasting across the nation and around the world, it's the "late show" with david letterman. tonight... plus paul shaffer and the cbs orchestra. i'm alan kalter. and now, high standards, lower prices, david letterman! captioning sponsored by worldwide pants and cbs ( band playing "late show" theme )